By Laura Luu, Supervising Attorney, Seniors Unit
Linda (fictitious name), a senior citizen with limited English proficiency, came to CLA SoCal looking for assistance with an issue with her next-door neighbor, a sensitive matter she felt unequipped and incapable of dealing with on her own.
A demand letter
She told us her neighbor’s tree had completely uprooted their adjoining wooden fence and that she needed our help in addressing the situation. After conferring with her, we wrote a demand letter on her behalf to which, unfortunately, the neighbor reacted by hiring an attorney.
The response
The attorney’s response was written in legal jargon that cited several codes in the California Code of Civil Procedure, namely contributory negligence, and undue financial hardship. The response both confused and frightened Linda and her husband. Intimated by the incomprehensible language of the letter, she told me they were terrified the neighbor would sue them.
I reviewed the response and explained to her, in detail, what it meant. I advised her it would be unlikely the neighbor would sue them. Nevertheless, she was still fearful and shared with me she had already contacted a fencing company to remove and replace the fence with a vinyl fence. The cost of replacing the fence would be $3,700, a significant amount for a couple living on a fixed income.
The counteroffer
I offered to send a counteroffer for the couple to the neighbor’s attorney to settle the matter, which included asking the neighbor to agree to pay the $700 hauling fee for the old fence. Linda agreed so we sent the counteroffer along with a mutual waiver and release agreement.
The agreement
Through his attorney, the neighbor notified us that he agreed to our terms. He signed the agreement and paid the hauling fee. Linda and her husband were elated, relieved, and extremely grateful the matter was resolved so easily and handily. As she stated when she recently wrote to us about the case, “Thank you for the valuable legal services you provide to the community, especially for seniors like us.”